Category: law reports

Dobson v Thames Water Utilities Ltd – WLR Daily

Posted March 2nd, 2009 in damages, law reports, nuisance, utilities by sally

Dobson v Thames Water Utilities Ltd [2009] EWCA Civ 28; [2009] WLR (D) 70

“Where a court was considering an award of damages to an occupier of land for loss of amenity following transitory nuisance the actual impact on the occupier was relevant. An award would normally constitute just satisfaction to the occupier and no further compensation was due under s 8 of the Human Rights Act 1998.”

WLR Daily, 27th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 


Office of Fair Trading v Abbey National plc and others – WLR Daily

Posted March 2nd, 2009 in consumer protection, law reports, unfair contract terms by sally

Office of Fair Trading v Abbey National plc and others [2009] EWCA Civ 116; [2009] WLR (D) 69

“Terms in standard form contracts between bank and customer providing for relevant charges when a customer gave instructions for payment but had insufficient funds in his current account were not exempt from assessment as to fairness under reg 6(2) of the Unfair Terms in Consumer Contracts Regulations 1999.”

WLR Daily, 27th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

G and S Brough Ltd v Salvage Wharf Ltd and Another – Times Law Reports

Posted March 2nd, 2009 in law reports, prescription, right to light by sally

G and S Brough Ltd v Salvage Wharf Ltd and Another

Court of Appeal

“A property owner who made an agreement with a developer as to his prescriptive rights to light in respect of a development which would have had a minimal impact on the light to that property, did not lose those rights to light, so that a developer whose later redevelopment would extinguish those rights to light could not rely on the earlier agreement to defeat the owner’s rights.”

The Times, 2nd March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Landlord Protect Ltd v St Anselm Development Co Ltd – Times Law Reports

Posted March 2nd, 2009 in assignment, law reports, leases by sally

Landlord Protect Ltd v St Anselm Development Co Ltd

Court of Appeal

“Where the head landlord’s consent was required to an assignment of a lease, he could not reasonably impose a condition which was designed to increase the rights he enjoyed under the headlease.”

The Times, 2nd March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

BAILII: Recent Decisions

Posted February 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Abbey National Plc & Ors v The Office of Fair Trading [2009] EWCA Civ 116 (26 February 2009)

Brunel Motor Company Ltd v Revenue and Customs & Anor [2009] EWCA Civ 118 (26 February 2009)

BA (Nigeria), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 119 (26 February 2009)

Lexi Holdings Plc v Luqman & Ors [2009] EWCA Civ 117 (26 February 2009)

A Local Authority v HP & Anor [2009] EWCA Civ 143 (27 February 2009)

Court of Appeal (Criminal Division)

Trafalgar Leisure Ltd v R [2009] EWCA Crim 217 (20 February 2009)

Cotilla, R. v [2009] EWCA Crim 216 (20 February 2009)

High Court (Chancery Division)

Nolan v Wright [2009] EWHC 305 (Ch) (26 February 2009)

Brighton & Hove City Council v Audus [2009] EWHC 340 (Ch) (26 February 2009)

High Court (Patents Court)

ratiopharm (UK) Ltd v Alza Corp [2009] EWHC 213 (Pat) (12 February 2009)

High Court (Queen’s Bench Division)   

Plumbly v Beatthatquote.Com Ltd. [2009] EWHC 321 (QB) (27 February 2009)

Source: www.bailii.org.uk

Craner v Dorset County Council – Times Law Reports

Posted February 27th, 2009 in health & safety, law reports, personal injuries by sally

Craner v Dorset County Council

Court of Appeal

“It was no defence for a county council which left paving slabs uneven, causing injuries to a school caretaker, to say that what had occurred was a freak accident which could not have been prevented or guarded against.”

The Times, 27th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Office of Communications v Information Commissioner – Times Law Reports

Posted February 27th, 2009 in environmental protection, freedom of information, law reports, telecommunications by sally

Office of Communications v Information Commissioner”>Office of Communications v Information Commissioner

Court of Appeal

“Beneficial consequences flowing from the unlawful use of disclosed information could be taken into account when balancing the public interest in disclosure of environmental information against the statutory exemption from disclosure.”

The Times, 27th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Zipher Ltd v Markem Systems Ltd and Another – Times Law Reports

Posted February 27th, 2009 in appeals, law reports, undertakings by sally

Zipher Ltd v Markem Systems Ltd and Another

Court of Appeal

“An offer of an undertaking by one party lapsed automatically when the court found in favour of the other side and the offer was not resurrected after a successful appeal.”

The Times, 27th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Generics (UK) Ltd and others v H Lundbeck A/S – WLR Daily

Posted February 26th, 2009 in law reports, patents by sally

Generics (UK) Ltd and others v H Lundbeck A/S [2009] WLR (D) 68

“A claim for revocation on the ground of insufficiency of a patent in which claims 1 and 3 were to a product consisting of a single chemical compound and claim 6 was to a process for preparing it failed.”

WLR Daily, 25th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mitchell and Another v Glasgow City Council – Times Law Reports

Posted February 26th, 2009 in assault, duty of care, law reports, local government, negligence by sally

Mitchell and Another v Glasgow City Council

House of Lords

“Local housing authority landlords were under no duty to warn a neighbour who had received death threats from an abusive tenant that a meeting had been arranged at which he was warned that he would be evicted unless his behaviour improved, after which the abusive tenant inflicted fatal injuries on his neighbour.”

The Times, 26th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

BAILII: Recent Decisions

Posted February 26th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Khanani, R. v [2009] EWCA Crim 276 (28 January 2009)

Revenue and Customs Prosecutions Office v M [2009] EWCA Crim 214 (21 January 2009)

Court of Appeal (Civil Division)

AM (Somalia), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 114 (25 February 2009)

S & Ors, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 334 (25 February 2009)

High Court (Chancery Division)

Slattery v Cabinet Office Civil Service Pensions & Anor [2009] EWHC 226 (Ch) (16 February 2009)

Clearview International Ltd & Ors v PWH Com Ltd & Ors [2009] EWHC 167 (Ch) (06 February 2009)

High Court (Queen’s Bench Division)

Department for Business Enterprise & Regulatory Reform v O’Brien & Anor [2009] EWHC 164 (QB) (10 February 2009)

Thorne v Lass Salt Garvin (A Firm) [2009] EWHC 100 (QB) (28 January 2009)

Roach & Ors v Home Office [2009] EWHC 312 (QB) (25 February 2009)

High Court (Administrative Court)

Farrell, R (on the application of) v Cheshire County Council [2009] EWHC 260 (Admin) (03 February 2009)

Hassan, R (on the application of) v Secretary of State for Defence [2009] EWHC 309 (Admin) (25 February 2009)

The Bard Campaign & Anor v Secretary of State for Communities and Local Government [2009] EWHC 308 (Admin) (25 February 2009)

High Court (Technology and Construction Court)

Linnett v Halliwells Llp [2009] EWHC 319 (TCC) (24 February 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 25th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Myers, R. v [2009] EWCA Crim 119 (29 January 2009)

Sturt, R. v [2009] EWCA Crim 77 (23 January 2009)

Zeca, R. v [2009] EWCA Crim 133 (21 January 2009)

Grigsby, R. v [2009] EWCA Crim 220 (10 February 2009)

Billingham, R. v [2009] EWCA Crim 19 (23 January 2009)

Chaney v R. [2009] EWCA Crim 21 (23 January 2009)

Z, R. v [2009] EWCA Crim 20 (23 January 2009)

Hearne, R. v [2009] EWCA Crim 103 (16 January 2009)

Court of Appeal (Civil Division)

N, R (on the application of) v London Borough of Barking and Dagenham Independent Appeal Panel [2009] EWCA Civ 108 (24 February 2009)

Alford v Cambridgeshire Police [2009] EWCA Civ 100 (24 February 2009)

Hearne, R. v [2009] EWCA Crim 103 (16 January 2009)

Source: www.bailii.org

House of Lords Judgments: What’s new?

Posted February 25th, 2009 in law reports by sally

Generics (UK) Limited and others (Appellants) v H Lundbeck A/S (Respondents) [2009] UKHL 12 (25 February 2009)

Source: www.parliament.uk

Regina (Boggis and Another) v Natural England – Times Law Reports

Posted February 25th, 2009 in judicial review, law reports, sites of special scientific interest by sally

Regina (Boggis and Another) v Natural England

Queen’s Bench Division

“Designation of a Site of Special Scientific Interest without considering its effect on a neighbouring Special Protection Area for the protection of rare or vulnerable bird species, could amount to a plan which should not be carried out.”

The Times, 25th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Morshead Mansions Ltd v Leon Di Marco – Times Law Reports

Posted February 25th, 2009 in landlord & tenant, law reports, leases, service charges by sally

Morshead Mansions Ltd v Leon Di Marco

Court of Appeal

“Where a tenant was a member of the landlord company, that company could recover an amount passed by resolution of the company under its articles to finance anticipated expenditure to maintain the building, even though such a claim was unenforceable under the Landlord and Tenant Act 1985 The Court of Appeal (Lord Justice Mummery, Lord Justice Wall and Lord Justice Toulson) so stated on December 10, 2008, allowing the appeal of Morshead Mansions Ltd from the decision of Mr Recorder Mitchell, QC, in Central London County Court, dated January 22, 2008, that a resolution of the company passed pursuant to its articles of association to establish a fund of £400,000 to be designated the 2007 Recovery Fund was not enforceable as a service charge within under section 18 of the 1985 Act.”

The Times, 25th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Tabernacle v Secretary of State for Defence – Times Law Reports

Posted February 25th, 2009 in byelaws, demonstrations, human rights, law reports, nuclear weapons by sally

Tabernacle v Secretary of State for Defence

Court of Appeal

“A bylaw prohibiting camping on land at Aldermaston was not justifiable and violated the rights to freedom of expression and of assembly guaranted by articles 10 and 11 respectively of the European Convention on Human Rights.”

The Times, 25th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted February 24th, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Heronslea (Mill Hill) Ltd. v Kwik-Fit Properties Ltd. [2009] EWHC 295 (QB) (20 February 2009)

High Court (Technology and Construction Court)

Richard J Thompson Trading As R J Thompson International v James K Charlesworth [2009] EWHC B3 (TCC) (17 February 2009)

Source: www.bailii.org

Protectacoat Firthglow Ltd v Szilagyi – WLR Daily

Posted February 24th, 2009 in contract of employment, jurisdiction, law reports, tribunals, unfair dismissal by sally

Protectacoat Firthglow Ltd v Szilagyi [2009] EWCA Civ 98; [2009] WLR (D) 67

“In determining whether a person who had carried out work for a company was its employee within the meaning of s 230 of the Employment Rights Act 1996, if the document purporting to retain the services of a person did not represent the true relationship of the parties the employment tribunal was entitled to hold that the document had been designed to deceive others and sham so as to assume jurisdiction to determine a claim for unfair dismissal.”

WLR Daily, 23rd February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Isle of Anglesey County Council and another v Welsh Ministries and others – WLR Daily

Posted February 24th, 2009 in Crown, fisheries, law reports, ultra vires by sally

Isle of Anglesey County Council and another v Welsh Ministries and others [2009] EWCA Civ 94; [2009] WLR (D) 66

“In determining the effect of an Act of 1868 considerations of common sense and the principle of legal certainty made it permissible to take account of the subsequent history.”

WLR Daily, 23rd February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Purdy) v Director of Public Prosecutions – Times Law Reports

Posted February 24th, 2009 in aiding and abetting, assisted suicide, law reports, prosecutions, suicide by sally

Regina (Purdy) v Director of Public Prosecutions

Court of Appeal

“The refusal by the Director of Public Prosecutions to publish detailed guidance as to the circumstances in which individuals would or would not be prosecuted for assisting another person to commit suicide was lawful.”

The Times, 24th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.